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Governors lose battle to control Agriculture

By Kamau Muthoni | November 17th 2018
Justice Chacha Mwita

The High Court, in a decision that is a major blow to the county chiefs, found that the governors had not utilised all avenues of dispute resolution to iron out standoffs between them and the national government.

The governors had sued the Attorney General, Agriculture Ministry and 10 corporations that manage agriculture, arguing that the 2010 Constitution devolved the sector.

The Council of Governors argued that the only role that would remain under the National Government was policy formulation.

But Justice Chacha Mwita, while dismissing the case, ruled that the CoG had jumped the gun as the Intergovernmental Relations Act provides for dialogue before a case is filed in court.

“...the conclusion I come to is that the petitioner skipped a vital constitutional and legal step and filed this petition prematurely, hence it is unsustainable,” the judge ruled.

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